403 F. App'x 410
11th Cir.2010Background
- Sims, a Florida state prisoner, filed a 42 U.S.C. § 1983 suit alleging deliberate indifference to serious medical needs regarding prostate cancer.
- The district court granted summary judgment based on Sims's failure to exhaust administrative remedies under the PLRA, 42 U.S.C. § 1997e(a).
- Sims argued it was possible he had exhausted remedies, and he challenged the district court's denial of appointed counsel.
- The Eleventh Circuit reviews de novo both the PLRA exhaustion issue and the grant of summary judgment.
- Florida's grievance procedure allows inmates to bypass informal grievances for medical complaints and proceed via a medical grievance, with appeals to the Office of the Secretary and time extensions available.
- Record shows Sims filed four grievances to medical but did not appeal to the Central Office in Tallahassee; he did not exhaust under Florida law before filing suit, and no basis showed actual exhaustion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Exhaustion under the PLRA | Sims contends exhaustion might have occurred. | Sims did not exhaust to the Central Office. | No exhaustion shown; district court proper. |
| Preservation of exhaustion on appeal | Exhaustion claim rooted in 2002; preserved on appeal. | Issue not raised below; not preserved. | Not preserved for review. |
| Discretion to appoint counsel | District court should appoint counsel given merits. | No absolute right to counsel; discretionary denial appropriate. | District court did not abuse discretion; no exceptional circumstances. |
Key Cases Cited
- Porter v. Nussle, 534 U.S. 516 (Supreme Court 2002) (exhaustion applies to all inmate suits under PLRA)
- Jones v. Bock, 549 U.S. 199 (Supreme Court 2007) (exhaustion is an affirmative defense and need not be pleaded in complaint)
- Miller v. Tanner, 196 F.3d 1190 (11th Cir. 1999) (exhaustion required under state grievance procedures)
- Chandler v. Crosby, 379 F.3d 1278 (11th Cir. 2004) (Florida grievance procedure framework; medical grievances interplay)
- Mahone v. Ray, 326 F.3d 1176 (11th Cir. 2003) (affirmative defense; no right to counsel in civil cases as a rule)
- Marshall v. City of Cape Coral, Fla., 797 F.2d 1555 (11th Cir. 1986) (appointment of counsel in civil rights cases depends on exceptional circumstances)
- Bass v. Perrin, 170 F.3d 1312 (11th Cir. 1999) (court may deny appointment of counsel; case not exceptional)